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14 results for “penalty u/s 271”+ Long Term Capital Gainsclear

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Key Topics

Section 142(1)10Section 1489Section 143(2)8Section 547Section 80P6Long Term Capital Gains6Deduction6Section 55Section 2535

PAWAN GARG,PANCHKULA vs. ITO WARD 5((5) CHANDIGARH, CHANDIGARH

In the result, appeal of the assessee is allowed

ITA 1218/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh02 Feb 2026AY 2014-15

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1218/Chd/2024 "नधा"रण वष" / Assessment Year: 2014-15 Shri Pawan Garg, The Ito, House No. 766, Sector 16, Vs Ward 5(5), Panchkula. Chandigarh. "थायी लेखा सं./Pan No: Abmpg4243N अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ajay Jain, Ca Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr.Dr Date Of Hearing : 27.01.2026 Date Of Pronouncement : 02.02.2026

For Appellant: Shri Ajay Jain, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr.DR
Section 139Section 142(1)Section 147Section 148Section 234ASection 271Section 271(1)(c)Section 271F
Section 695
Disallowance5
Addition to Income5
Section 68

Long Term Capital Gain of Rs.61,23,10/- as shown by the assessee is treated as undisclosed income of the assessee and added to his income. Further, a show cause notice with draft assessment order has been issued on 20.03.2022 fixing the date for compliance on 23.03.2022. In response to the show cause notice, neither any written reply

SH. JAGMOHAN SINGH,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, the appeal of the assessee is allowed

ITA 421/CHANDI/2023[2009-10]Status: DisposedITAT Chandigarh07 Jun 2024AY 2009-10

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Tejmohan Singh, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 143(2)Section 271(1)(C)Section 271(1)(c)Section 54

long term capital gains”. Regarding the claim of deduction under Section 54, the Ld. CIT(A) stated that the claim has to be substantiated by the assessee by bringing on record the evidence of construction of residential house which has not been done despite sufficient opportunity being granted to the assessee. 5. As per record, the assessee has not filed

THE PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.,CHANDIGARH vs. ACIT, CHANDIGARH

In the result, both the above appeals of the Assessee are dismissed

ITA 797/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh19 Jan 2026AY 2013-14

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Atul Goyal, C.A (Virtual Mode)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 57oSection 80PSection 80P(2)(a)

long-term capital gain on sale of shops, concluding that the activity formed part of business, and determined income from that project as business profit without indexation. After reworking income head-wise, disallowing deductions on non-member and bank interest, and reclassifying project income, the AO computed taxable income at Rs.91,14,190/- and initiated penalty proceedings u/s 271

THE PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.,CHANDIGARH vs. DCIT, CHANDIGARH

In the result, both the above appeals of the Assessee are dismissed

ITA 1308/CHANDI/2016[2012-13]Status: DisposedITAT Chandigarh19 Jan 2026AY 2012-13

Bench: the appeal is finally heard.

For Appellant: Shri Atul Goyal, C.A (Virtual Mode)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 57oSection 80PSection 80P(2)(a)

long-term capital gain on sale of shops, concluding that the activity formed part of business, and determined income from that project as business profit without indexation. After reworking income head-wise, disallowing deductions on non-member and bank interest, and reclassifying project income, the AO computed taxable income at Rs.91,14,190/- and initiated penalty proceedings u/s 271

PARAS AND SHUBHAM CHAUDHARY LEGAL HEIR OF KANHAIYA LAL,PANCHKULA vs. ITO, WARD 2, PANCHKULA

In the result, appeal of the assessee is allowed

ITA 1236/CHANDI/2016[2007-08]Status: HeardITAT Chandigarh24 Sept 2025AY 2007-08

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

For Appellant: Shri Rishab Gupta & Shri Mukesh Aggarwal,CAsFor Respondent: Shri Vivek Vardhan, Addl. CIT Sr.DR
Section 10(37)Section 18Section 28Section 4Section 5

terms of L.A. Act 1894 results in payment of additional compensation. 32. The issue to be decided before us - what is the meaning of the words "enhanced compensation/consideration" in Section 45(5)(b) of the A.Y.2007-08 10 1961 Act? Will it cover "interest"? These questions also bring in the concept of the year of taxability. 33. It is to answer

BAHADUR SINGH ,ZIRAKPUR vs. ITO WARD 3(5), CHANDIGARH

In the result, appeal of the Assesee is allowed for statistical purposes

ITA 706/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh02 Apr 2025AY 2012-13

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Ajay Jain, C.AFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 143(3)Section 148Section 54B

Long Term Capital Gain. 6. Against the order of the Ld. AO the assessee went in appeal before the Ld. CIT(A) who has since dismissed the appeal of the assessee. 7. Feeling aggrieved the assessee carried the matter in appeal before us. 8. During the course of hearing, the Ld. AR submitted that the Ld. CIT(A) has passed

M/S SATWANT AGRO ENGINEERS,BHAWANIGARH vs. DCIT, CENTRAL CIRCLE, PATIALA

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 753/CHANDI/2022[AY 2019-20]Status: DisposedITAT Chandigarh03 May 2024

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Deepak Anand, AdvocateFor Respondent: Shri Dharamvir, JCIT, Sr. DR
Section 115BSection 133ASection 143(2)Section 143(3)Section 68Section 69Section 69A

Penalty proceedings are initiated u/s 271AAC of the Income Tax Act, 1961. The AR has also submitted that the addition in the partner's capita! account of Rs. 50 lacs should be considered as explained under the unaccounted sales transactions of Rs. 42.80 lacs in the impounded documents and other discrepancies of Rs. 7.2 lacs found during the course

M/S UFV INDIA GLOBAL EDUCATION (SOCIETY),CHANDIGARH vs. DCIT, EXEMPTION CIRCLE-1, CHANDIGARH

In the result, appeal is allowed

ITA 516/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh20 Sept 2024AY 2018-19

Bench: Shri A.D. Jain & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 516/Chd/2023 "नधा"रण वष" / Assessment Year : 2018-19 M/S Ufv India Global Vs. The Dcit Exemption, Circle-1, Education, बनाम Chandigarh Ggd Sanatan Dharma College, Ector 32-C, Chandigarh (U.T.) "थायी लेखा सं./Pan No: Aabcu7691M अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 13.08.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 20.09.2024

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 11Section 12ASection 2(15)Section 270ASection 270A(9)Section 8

long term capital gain and, thereafter, the assessee surrendered an amount of Rs. 37 lacs and the paid the tax and interest. 21. It was held by the Chandigarh Bench of the ITAT as per finding given in para 10 as under:- "Therefore, from the facts of the present case, it is clear that the assessee suo moto surrendered

THE SHAHABAD COOP. SUGAR MILLS,SHAHABAD vs. ACIT, CIRCLE, KURUKSHETRA

ITA 1492/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh28 May 2024AY 2012-13

Bench: Us In Terms Of Section 253 Of The Income Tax Act, 1961. 2. The Assessee Being Aggrieved By The Order Of Ld. Cit(A) Dt. 11/03/2018 Which Is Hereinafter Referred To As The Impugned Order, Before This Tribunal In Form No. 36 Has Interalia Raised The Following Grounds Of Appeal:

For Appellant: Shri Varun Gupta, AdvocateFor Respondent: Shri Dharam Vir, JCIT, Sr. DR
Section 14Section 14ASection 253

Long Term Capital Gains have not arisen in a given year, funds that stand invested in shares are in relation to income that does not form part of the total income. Even Rule 8D(2)(ii) and (iii) refers to the value of investment, income from which does not or shall not form part of total income. For the above

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, FARIDKOT

In the result, both the appeals and the Cross Objections are dismissed

ITA 992/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh25 Jun 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Years: 2017-18, 2016-17 The Dcit, Vs Malbros International Pvt. Ltd., Central Circle-2, Village – Mansoorwal, Teh-Zira, Ludhiana. Head Offices Old Cantt. Road, Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent & C.O. Nos. 46 & 45/Chd/2024 In आयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18, 2016-17 Malbros International Pvt. Ltd., The Dcit, Village – Mansoorwal, Teh-Zira, Vs Central Circle-2, Head Offices Old Cantt. Road, Ludhiana. Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 14.05.2025 Date Of Pronouncement : 25.06.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 249Section 253Section 3Section 5

penalty u/s 271(1)(C) of the Income Tax Act, 1961 which is premature in nature. ITA No.992 & 993/CHD/2024 & CO 46 & 45/CHD/2024 A.Y.2017-18 & 2016-17 14 5.5 Ground of Appeal No. 7 is consequential in nature. 5.6 Ground of Appeal No. 8 has not been argued by the AR during the course of appellate proceedings. 6. In the result

BALWANT SINGH DHINDSA, ADV. SO KARTAR SINGH, #185 STREET NO. 11, PUNIA COLONY, SANGRUR, PUNJAB,PUNJAB vs. ITO WARD SANGRUR, PUNJAB

In the result, appeal of the assessee is\ndismissed

ITA 800/CHANDI/2024[2012-2013]Status: DisposedITAT Chandigarh28 Feb 2025AY 2012-2013
For Appellant: \nShri Sudhir Sehgal, Advocate
Section 142(1)Section 144Section 148Section 246ASection 250Section 69A

gain in ROI [belated] has been considered\nsubject to verification by ld. AO only as explained sum.\nThe assessee is directed to file relevant submission\nbefore ld. AO for proper verification.\n3.11\nWith\nregard to remaining\ndeposit\nof\nRs.18,07,500/- it was claimed that assessee had received\ncash of Rs.4.50 lakh as agriculture lease income.\nFurther, sum of Rs.4

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, FARIDKOT

In the result, both the appeals and the Cross Objections\nare dismissed

ITA 993/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh25 Jun 2025AY 2016-17
For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 249Section 253Section 3Section 5

penalty u/s 271(1)(c) of the Income Tax Act,\n1961 which is premature in nature.\n5.5 Ground of Appeal No. 7 is consequential in nature.\n5.6 Ground of Appeal No. 8 has not been argued by the AR during the course of\nappellate proceedings.\n6. In the result the appeal is allowed on factual grounds.”\n11. Before

M/S ASHA TECHNOLOGIES,SIRMOUR vs. ADDL. CIT, SOLAN

In the result, both the above appeals of the Assessee are partly allowed as aforesaid in respect of impugned orders dt

ITA 388/CHANDI/2012[2007-08]Status: DisposedITAT Chandigarh19 Jul 2024AY 2007-08

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Vishal Mohan, Sr. Advocate with Shri Aditya Sood, AdvocateFor Respondent: Shri Sarabjeet Singh, CIT, DR
Section 142(1)Section 143(2)Section 250Section 253Section 80I

long to be accepted when, on the other hand, assessee did not furnish any information till that date. On 14.9.2009, vide letter No. 1376, again reminder of earlier questionnaire was issued. Followed by letter calling for requirements pertaining to cases where Letters issued u/s 133(6) of the Income Tax Act 1961 were received unserved and request was also made

M/S ASHA TECHNOLOGIES,KALA AMB vs. ITO, SIRMOUR

In the result, both the above appeals of the Assessee are partly allowed as aforesaid in respect of impugned orders dt

ITA 61/CHANDI/2013[2009-10]Status: DisposedITAT Chandigarh19 Jul 2024AY 2009-10

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Vishal Mohan, Sr. Advocate with Shri Aditya Sood, AdvocateFor Respondent: Shri Sarabjeet Singh, CIT, DR
Section 142(1)Section 143(2)Section 250Section 253Section 80I

long to be accepted when, on the other hand, assessee did not furnish any information till that date. On 14.9.2009, vide letter No. 1376, again reminder of earlier questionnaire was issued. Followed by letter calling for requirements pertaining to cases where Letters issued u/s 133(6) of the Income Tax Act 1961 were received unserved and request was also made